It's Back!

It's back with a vengence - the debate over the Search and Surveillance Bill is definitely on the books again.

The legislation passed its second reading on Thursday night by 61 votes to 59, with National, ACT and United Future voting in support. Next week the Bill will probably move to its committee stage.

National say they have changed the Bill, but there isn't much difference. This Bill still dramatically increases state power. It still removes the so-called right to silence. It still allows a dramatic 'legal' increase in powers of state search and surveillance.

Some of the most disturbing provisions still include:

• Warrantless Searches - Circumstances in which ‘enforcement officers’ can search with no warrant are being expanded, now only ‘suspicion’ will be required to conduct a warrantless search.
• Plain view searches – Grants ‘enforcement officers’ the right to seize items in plain view. We believe that this will apply to computers and other data storage devices. Once seized these items can be copied in their entirety.
• Remote access searches of computers: agencies will be empowered to search computers (including for things like web-based email)
• Examination orders: These orders require someone to report to the police for questioning. The right against self-incrimination is totally compromised by this law. You may have to go before a judge to have them determine if you are incriminating yourself, thereby incriminating yourself...a catch-22.
• Production orders – allow ‘enforcement officers’ to sit back and order you to produce documents on an on-going basis that you have or will have in future if they suspect that an offence has been committed

This Bill must be stopped.

Judith Collins says they have adequate safeguards to protect us against unresaonable surveillance. These include prior approval from judiciary before warrants are granted. She also says that anyone feeling their rights are infringed after this Bill becomes law, she says that we have the 'ability to seek redress through the courts when the search or surveillance is unreasonable'. She makes a few basic misassumptions there, including the fact that she thinks 'justice' is accessible and affordable for all.

Meaningless words from her. Anyone following the trial of the 'Urewera 4', arrested as a result of police Operation 8, will know that 'prior approval from judiciary' for the issuing of warrants is worthless.

The state already has unreasonable powers of search and surveillance in this country. We all need to be doing as much as possible to stop this Bill now.

We managed to get it put off in 2009, we can't let them sneak it into law now. We must fight back.

Organse demonstrations, harass members of Parliament - do whatever you can do.

Stop the Bill Now!

URGENT ACTION ALERT TO STOP VIDEO CAMERA SURVEILLANCE BILL

It is only days now until Parliament votes on the law that would legalise covert video surveillance by Police, Fisheries, SIS and Customs. This bill must be stopped! It is the most serious assault on our fundamental freedom and rights in our lifetime. As it stands, no warrant is even required to conduct video surveillance.

We are asking everyone to take two minutes to email members of Parliament who have not decided which way to vote and tell them to vote ‘NO’ on the bill. It is likely to be voted on this Thursday (October 6). At present, the National party does not have the numbers to pass the bill. It only has the support of United Future. It needs 3 more votes – so we want to make sure that neither the Labour Party nor the ACT party support this dangerous bill from becoming law. The Green, Maori and Mana parties do not support the bill at all.

Please email any member of parliament you like. We would certainly encourage in particular emails to:

ACT party
Rodney Hide – rodney.hide@parliament.govt.nz
John Boscawen – john.boscawen@parliament.govt.nz
Roger Douglas – roger.douglas@parliament.govt.nz
Hilary Calvert – hilary.calvert@parliament.govt.nz
Heather Roy – heather.roy@parliament.govt.nz

LABOUR
Phil Goff – phil.goff@parliament.govt.nz
Annette King – annette.king@parliament.govt.nz
David Parker – david.parker@parliament.govt.nz
Charles Chauvel – charles.chauvel@parliament.govt.nz
Grant Robertson – grant.robertson@parliament.govt.nz
David Cunliffe – david.cunliffe@parliament.govt.nz
Ruth Dyson – ruth.dyson@parliament.govt.nz
Clayton Cosgrove – clayton.cosgrove@parliament.govt.nz
Maryan Street – maryan.street@parliament.govt.nz
Trevor Mallard – trevor.mallard@parliament.govt.nz

The most important thing to say is:

‘VOTE NO ON THE VIDEO SURVEILLANCE BILL’.

Other things you can say are:

• It is an assault on the rule of law as it retrospectively legalises illegal police actions

• It is an assault on the right to be free from unreasonable search and seizure

• It is an assault on the right to privacy

• You don’t want any expansion of the power of the state to surveil people

The police and government have been misleading the public by saying that the bill will ‘restore the common law position’ - the police have never had the power to do trespassory video surveillance. The police knowingly broke the law and should be prosecuted.

The ONLY submission received in support of this law was from Police. All other submissions – including the Law Society, Criminal Bar, civil society organisations and hundred of individuals all opposed this bill.

What is this blog about?

The Search and Surveillance bill now being considered by the New Zealand Parliament must be stopped.

If passed into law, it would abolish two fundamental concepts of western law: the right to silence and the right not to incriminate oneself (the right not to participate on one's own prosecution).
It also increases State powers to search and surveil people and places.

Public submissions on the bill were heard in October 2009. Out of the 42 submissions only one was unreservedly supportive of the bill. Those speaking against the bill include the Privacy Commissioner, the Human Rights Commission, NZ's Chief Justice, Lawyers, Unions and advocacy groups.

GET INVOLVED IN THE CAMPAIGN! Email us at StopTheBillNow@gmail.com for more info!